Copyright, Monopoly Games, and Pirates

The Past, Present, and Future of Copyright

Authored by: Thomas C. Leonard

The Routledge Companion to Media Education, Copyright, and Fair Use

Print publication date:  February  2018
Online publication date:  February  2018

Print ISBN: 9781138638891
eBook ISBN: 9781315637549
Adobe ISBN:

10.4324/9781315637549-22

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Abstract

Copyright creates a short- or long-term monopoly, with exceptions for fair use. This law applies to a very large part of media content today; its origins and classic problems lie in the book trade of the 18th century. Over three centuries in the Anglo-American world, copyright has resembled a game of Monopoly where the players have repeatedly made up the rules. Publishers, not authors, have had the largest measure of control because they have been better organized and better capitalized. Authors have topped publishers in self-righteousness, but this has not done them much good. The “fair use” of other people’s work dates back to the early years of copyright, but exercising this right beyond a few well understood practices continues to generate challenging cases for courts. From the world of the “flatbed” in article text press to that of networked digital platforms, the only constant may be so-called piracy that set limits on the control of content and the power of information providers.

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